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(영문) 부산지방법원 2016.02.17 2015가단225529
부당이득금
Text

1. The defendant,

A. On December 3, 2015, Plaintiff A, KRW 26,031,910, KRW 10,835,538, and each of the above amounts to Plaintiff B.

Reasons

1. Facts of recognition;

A. Plaintiff A is the owner of a road of 198 square meters (hereinafter “1 land”), D road of 30 square meters (hereinafter “2 land”), and Plaintiff B is the owner of a road of 50 square meters (hereinafter “3 land”) and F road of 53 square meters (hereinafter “4 land”), respectively. Plaintiff B is the owner of each land of this case, including all the above land.

B. On November 10, 1933, the land category was divided from the G land located in the Gyeongnam-gun, the land category was divided from the land located in the site, the land category was divided from the H land to the road, and the land category was changed from the land category to the road, and the land category was divided from the first land. The land category was divided from J land on November 30, 1934, and the land category was changed from J land to the road. Each land of this case was provided as a road after each division and land category change was used for the traffic of the public.

C. The land of this case originally belongs to the Gyeongnam-do, the administrative district of this case was originally incorporated into the jurisdiction of the Busan Metropolitan City as of January 1, 1963, and thereafter it continued to be occupied and managed by the Busan Metropolitan City, Busan Metropolitan City, and after the enforcement of the Local Autonomy Act on May 1, 198, the defendant occupied and managed it.

1) On June 7, 1918, K acquired its ownership on the ground of sale and purchase, but on June 4, 1992 L, July 6, 1995, M and N (1/2 co-ownership) transferred its ownership in sequential order. Among them, on February 6, 1996, the 1/2 shares of N were transferred to P, and on February 15, 1996, the 1/2 shares of P were transferred to P, on May 1, 1996, the 1/2 shares of P were transferred to P to the 1/2 shares of the 1/3 shares of the 1/2 shares of P transferred to the O, and thereafter, the 3 shares were transferred to P on August 6, 1996 to the 3rd on the ground of sale and purchase from O on August 6, 1996, the 1/2nd on May 14, 1998, the 3rd on May 19, 1994

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